Adverse Weather - Your Rights as an Employee

It's no secret that adverse weather can impact businesses, employees, and their livelihoods. From icy roads to severe thunderstorms, extreme weather can disrupt normal operations and leave employers and employees with difficult decisions about how to continue with the workday. With the recent snow and weather warnings hitting the UK, we feel it is essential that employees understand their rights and responsibilities during adverse weather to protect themselves and their work from unnecessary complications.

What are your rights during adverse weather?

Adverse weather conditions can be defined as any weather that poses a risk to the safety of employees and the workplace. In any adverse weather situation, your employer must take reasonable measures to ensure the safety of all employees. If there is no safe way for you to travel to and from work and no other options (i.e. working from home), you are entitled to take the day as unpaid leave. If the business is closed, you will typically be entitled to your pay. 

Flexibility

Employers are also responsible for providing their employees with reasonable flexibility regarding adverse weather conditions. For example, your employer will likely be expected to allow you to work from home or take a paid or unpaid day off. There is no legal requirement in the UK for you to be paid unless the business is closed, and it is not possible for you to work from home. 

ACAS also recommends employers offer flexibility regarding start and end times for employees to accommodate travel disruptions or if there are incoming warnings about adverse weather. Employers can also provide workers flexibility in hours to help compensate for lost time, especially when staff have to take unpaid leave and cannot work from home. 

Parental employee rights if schools are closed

When there is severe snow, schools usually are the first to close. If you are a parent, you might have the right to take an unpaid day of leave to care for your children - sometimes known as dependant leave. Employers cannot discriminate against you for taking this leave. 

What happens if your work is closed due to bad weather?

Sometimes, employers may be forced to cancel work and close the business due to weather conditions. In these cases, your employer must provide you with the necessary compensation for your time at work or pay you for the hours you would have worked if the weather had not been an issue.

What to expect from your employer in adverse weather

Employers and employees must know their rights and responsibilities during inclement weather. Overall, the key points to remember are:

• Employees can take unpaid leave if they cannot travel to work and their work cannot be done remotely.
• Flexible working should be offered, including, where possible, the option to work from home. 
• An employer has no legal responsibility to pay employees for days off due to adverse weather unless the business is closed and an employee's work cannot be done from home. 

By understanding their rights and responsibilities during adverse weather, employers and employees can protect themselves and their businesses from any unnecessary complications.

If you have any further concerns about your rights as an employee or your duties as an employer, please get in touch with our employment team on 023 8063 9311 or email employment@warnergoodman.co.uk.